MARIA KARINA DEWI, S.H., 031714253027 (2019) TANGGUNG GUGAT PENGEMBANG DALAM PERJANJIAN PENDAHULUAN JUAL BELI (PPJB) ATAS TERBITNYA DUA SERTIPIKAT HAK GUNA BANGUNAN BERBEDA KELURAHAN PADA SATU OBYEK JUAL BELI. Thesis thesis, Universitas Airlangga.

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Abstract

Pre-purchase agreements (Perjanjian Pendahuluan Jual Beli/ PPJB) are often used by developer to sell property in the form of houses, or plots of lands. Most of those properties that are sold this way actually still in their developing process. According to the Regulations of Housing and Settlements (UU Perumahan dan Pemukiman) article 42 paragraph 1, “Residential houses, and/or flats that are still in their developing process could be sold through a system using Pre-purchase agreements (PPJB) in accordance with the provisions of the regulations. The legal relationship between developer and buyers is formed from when the buyers signed the Pre-order form, and continued with the signing of the pre-purchase agreement made by the developer. The properties as the object of selling are still in their developing process which make their land rights could not be transferred just yet using Deed of Sale and Purchase (Akta Jual Beli), in the front of Land Titles Registrar (Pejabat Pembuat Akta Tanah/PPAT). One of the legal process involved within is the splitting of master certificate into fractional certificate which later on will be issued using the name of the developer. One common problem that often occurred is when Certificate of Utility (Sertipikat Hak Guna Bangunan) is issued towards the property that later on came out in between of two districts. In this case, the certificate that was issued could not be merged as it was split into two different districts. This thesis seeks to reveal the possibility of selling the main Certificate of Utility through Prepurchase agreements (PPJB). In addition, this thesis also describe possible alternatives as solutions when the aforementioned problem arises which may lead to a legal dispute between developer and the buyer.

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